Can Alternative Dispute Resolution Mechanisms Become the Default Method for Solving International Intellectual Property Disputes?

Abstract

This essay explores how the use of alternative dispute resolution (ADR) mechanisms can be promoted to solve international IP disputes. It presents the case of internet domain name dispute resolution and focus particularly on the Uniform Domain Name Dispute Resolution Policy (UDRP) and the way in which this policy has been adopted as a model by legislators. On this basis, it analyzes how, and under what conditions, other types of IP ADR systems can be developed in light of the UDRP, and will explore whether ADR systems can become the default method for solving international IP disputes.

Keywords: intellectual property, international intellectual property disputes, alternative dispute resolution (ADR), arbitration, Internet domain names, Uniform Domain Name Dispute Resolution Policy (UDRP)